Apple Removes Blood-Oxygen Tool From Watches to Prevent Potential Ban

Apple Inc. is reportedly planning to remove the blood-oxygen feature from its latest smartwatches, the Series 9 and Ultra 2, as a strategic move to bypass a US ban on the devices. This decision comes as Apple awaits the outcome of an appeal against the ban.

The plan was revealed by Masimo Corp., a company engaged in a patent dispute with Apple over the technology. Masimo stated that the US Customs and Border Protection approved Apple’s redesign on January 12th. This approval indicates that the adjustment will enable Apple to keep its watches on the market without violating the import ban imposed by the US International Trade Commission.

In October, the ITC ruled that Apple’s devices infringed on Masimo’s patents related to blood-oxygen measurement. Consequently, Apple temporarily halted the sales of its smartwatches just before Christmas. However, an interim stay allowed the company to resume sales last month.

To resolve the dispute, Apple developed a software workaround that effectively removes the pulse oximetry technology, which is at the center of the conflict. Last week, Apple presented this solution to the customs agency, clarifying that the redesigned watches no longer contain the disputed technology, according to Masimo.

In the event that Apple fails to obtain a longer stay from a federal appeals court, the company may proceed with removing the blood-oxygen feature. Apple anticipates a ruling on its motion for a stay from the US Court of Appeals for the Federal Circuit as early as Tuesday, and this stay could potentially last for more than a year.

Despite the ongoing legal proceedings, the blood-oxygen feature will remain available on newly sold Apple Watches until a final decision is reached. The US Customs and Border Protection has not publicly disclosed its decision but has shared it with the involved parties.

Masimo expressed its approval of Apple’s claim that the redesigned watches no longer include pulse oximetry. The company emphasized the importance of Apple respecting the intellectual property rights of smaller companies and complying with ITC orders.

The removal of the blood-oxygen feature from the Apple Watch would be a significant development. While Apple’s engineers have been working on a software update to modify the blood-oxygen app and its algorithms, eliminating the capability entirely would likely be the quickest way to avoid the reimposition of the ban.

Analysts suggest that Apple’s decision to remove the feature might have come at a steep price, as it was a highly touted feature of the smartwatches. However, this strategic move mitigates the immediate risk of a ban, although it could potentially impact customer demand.

To prepare for the possibility of an unsuccessful appeal, Apple’s operations team has already started shipping modified Series 9 and Ultra 2 watches to US retail locations. These devices will not be sold or opened until they receive approval from Apple’s corporate offices. It is speculated that these modified models are the versions without the blood-oxygen feature.

In addition to the ongoing appeal, a federal appeals court is expected to hear another motion from Apple this week, seeking a continued stay on the ban. The ban was temporarily lifted as Apple awaits a hearing. The ITC has urged the appeals court to reject arguments supporting a bid to block the trade agency’s enforcement of the ban, deeming them weak and unconvincing.